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The rigour of EPO's patentability criteria: An insight into the "induced withdrawals"

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Author Info
George Lazaridis () (European Patent Office - EPO, München.)
Bruno Van Pottelsberghe () (Centre Emile Bernheim, Solvay Business School, Université Libre de Bruxelles, Brussels)

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Abstract

The EPO traditionally grants at least 60% of all patent applications, the rest being either withdrawn (30-35 %) or refused (5%). This paper provides quantitative evidence suggesting that up to 54% of all patent withdrawals could be considered as induced by the work of EPO examiners, and hence may be taken as a more appropriate indicator of the rigour of the EPO. “Induced withdrawals” and refusals occur for up to 23% of all applications at the EPO. This share varies according to 1) the route chosen for an EPO filing; 2) the technological field that is considered; and 3) the country of residence of the assignee. The number of claims only slightly affects the share of withdrawals. However, on average, two additional claims induce an additional communication from the EPO, which in turn prolongs the procedural duration by an additional year.

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File URL: http://www.solvay.edu/EN/Research/Bernheim/documents/wp07007.pdf
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File Function: First version, 2007
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Publisher Info
Paper provided by Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB) in its series Working Papers CEB with number 07-007.RS.

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Length: 19 pages
Date of creation: Apr 2007
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Handle: RePEc:sol:wpaper:07-007

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Related research
Keywords: European Patent Office; grant; patent filing; induced withdrawals; claims; communications; examination procedure.;

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Find related papers by JEL classification:
K1 - Law and Economics - - Basic Areas of Law
K3 - Law and Economics - - Other Substantive Areas of Law
L1 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance
O3 - Economic Development, Technological Change, and Growth - - Technological Change

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Nicolas van Zeebroeck & Bruno Van Pottelsberghe & Dominique Guellec, 2006. "Claiming more: the increased voluminosity of patent applications and its determinants," Working Papers CEB 06-018.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
    Other versions:
  2. Archontopoulos, Eugenio & Guellec, Dominique & Stevnsborg, Niels & van Pottelsberghe de la Potterie, Bruno & van Zeebroeck, Nicolas, 2007. "When small is beautiful: Measuring the evolution and consequences of the voluminosity of patent applications at the EPO," Information Economics and Policy, Elsevier, vol. 19(2), pages 103-132, June. [Downloadable!] (restricted)
    Other versions:
  3. Bruno van Pottelsberghe & Didier François, 2006. "The Cost Factor in Patent Systems," Working Papers CEB 06-002.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
    Other versions:
  4. Guellec, Dominique & Pottelsberghe de la Potterie, Bruno v., 2000. "Applications, grants and the value of patent," Economics Letters, Elsevier, vol. 69(1), pages 109-114, October. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Eugenio Archontopoulos & Dominique Guellec & Niels Stevnsborg & Bruno van Pottelsberghe & Nicolas van Zeebroeck, 2006. "When small is beautiful: measuring the evolution and consequences of the voluminosity of patent applications at the EPO," Working Papers CEB 06-019.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
    Other versions:
  2. Schettino, Francesco & Sterlacchini, Alessandro & Venturini, Francesco, 2008. "Inventive Productivity and Patent Quality: Evidence from Italian Inventors," MPRA Paper 7765, University Library of Munich, Germany. [Downloadable!]
  3. Sterlacchini, Alessandro & Schettino, Francesco, 2008. "Determinants of patent withdrawals: evidence from a sample of Italian applications with the EPO," MPRA Paper 11220, University Library of Munich, Germany. [Downloadable!]
  4. Malwina Mejer & Bruno van Pottelsberghe de la Potterie, 2008. "The London Agreement and the Cost of Patenting in Europe," ECARES Working Papers 2008_032, Université Libre de Bruxelles, Ecares. [Downloadable!]
    Other versions:
  5. Harhoff, Dietmar & Hoisl, Karin & Reichl, Bettina & van Pottelsberghe de la Potterie, Bruno, 2007. "Patent Validation at the Country Level - The Role of Fees and Translation costs," Discussion Papers in Business Administration 2073, University of Munich, Munich School of Management. [Downloadable!]
    Other versions:
  6. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
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